A SYNOPTIC TREATMENT OF CUSTOMARY DIVORCE AMONG THE AKANS (ASHANTI) OF GHANA Divorce under Akan (Ashanti) customary law may be judicial or extra-judicial. 1/ A judicial divorce is obtainable by applying to a District Court with jurisdiction to adjudicate divorce proceedings in accordance with the provisions of the Courts Act, 1971, No. 367 of 1971, as amended. 2/ An extrajudicial divorce may be initiated by either party to the marriage. Such a divorce is granted by tribal elders, assisted by the families of the parties to the marriage, after efforts to reconcile the parties have failed. 3/ According to the case of Attah v. Annan, 4/ an extrajudicial divorce will be considered terminated only after the performance of certain ceremonies prescribed by Akan customary law and carried out in the presence of the parties to the marriage. Since the issues raised in this case deal with questions of fact and points of law, the validity and existence of a customary divorce are matters which should be determined by the courts of law in Ghana. Such courts could declare the validity of a customary divorce and the method of proving such a divorce. Prepared by Charles Mwalimu Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress February, 1983 1/ J.B. Danquah, Gold Coast: Akan Laws and Customs and the Akim Abuakwa Constitution 156-162 (1828); see also, the following works of W.C. Ekow Daniels: "The Legal Position of Women Under our Marriage Laws," 9 University of Ghana Law Journal 39-63 (1972) at 50-60; "Dissolution of Customary Law Marriage by the Courts," 9 Review of Ghana Law 71-76 (1977). 2/ 9 Acts of Ghana (1971). 3/ W.C. Ekow Daniels, "Marital Family Law and Social Policy," in Essays in Ghanaian Law: Supreme Court Centenary Publication, 1876-1976, 113-117 (1976). 4/ [1975] 1. G.L. R. 366; see also, Penin v. Duncan (1869), Sarbah Fanti Customary Laws 118-121 (1968)A SYNOPTIC TREATMENT OF CUSTOMARY DIVORCE AMONG THE AKANS (ASHANTI) OF GHANA Divorce under Akan (Ashanti) customary law may be judicial or extra-judicial. 1/ A judicial divorce is obtainable by applying to a District Court with jurisdiction to adjudicate divorce proceedings in accordance with the provisions of the Courts Act, 1971, No. 367 of 1971, as amended. 2/ An extrajudicial divorce may be initiated by either party to the marriage. Such a divorce is granted by tribal elders, assisted by the families of the parties to the marriage, after efforts to reconcile the parties have failed. 3/ According to the case of Attah v. Annan, 4/ an extrajudicial divorce will be considered terminated only after the performance of certain ceremonies prescribed by Akan customary law and carried out in the presence of the parties to the marriage. Since the issues raised in this case deal with questions of fact and points of law, the validity and existence of a customary divorce are matters which should be determined by the courts of law in Ghana. Such courts could declare the validity of a customary divorce and the method of proving such a divorce. Prepared by Charles Mwalimu Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress February, 1983 1/ J.B. Danquah, Gold Coast: Akan Laws and Customs and the Akim Abuakwa Constitution 156-162 (1828); see also, the following works of W.C. Ekow Daniels: "The Legal Position of Women Under our Marriage Laws," 9 University of Ghana Law Journal 39-63 (1972) at 50-60; "Dissolution of Customary Law Marriage by the Courts," 9 Review of Ghana Law 71-76 (1977). 2/ 9 Acts of Ghana (1971). 3/ W.C. Ekow Daniels, "Marital Family Law and Social Policy," in Essays in Ghanaian Law: Supreme Court Centenary Publication, 1876-1976, 113-117 (1976). 4/ [1975] 1. G.L. R. 366; see also, Penin v. Duncan (1869), Sarbah Fanti Customary Laws 118-121 (1968)A SYNOPTIC TREATMENT OF CUSTOMARY DIVORCE AMONG THE AKANS (ASHANTI) OF GHANA Divorce under Akan (Ashanti) customary law may be judicial or extra-judicial. 1/ A judicial divorce is obtainable by applying to a District Court with jurisdiction to adjudicate divorce proceedings in accordance with the provisions of the Courts Act, 1971, No. 367 of 1971, as amended. 2/ An extrajudicial divorce may be initiated by either party to the marriage. Such a divorce is granted by tribal elders, assisted by the families of the parties to the marriage, after efforts to reconcile the parties have failed. 3/ According to the case of Attah v. Annan, 4/ an extrajudicial divorce will be considered terminated only after the performance of certain ceremonies prescribed by Akan customary law and carried out in the presence of the parties to the marriage. Since the issues raised in this case deal with questions of fact and points of law, the validity and existence of a customary divorce are matters which should be determined by the courts of law in Ghana. Such courts could declare the validity of a customary divorce and the method of proving such a divorce. Prepared by Charles Mwalimu Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress February, 1983 1/ J.B. Danquah, Gold Coast: Akan Laws and Customs and the Akim Abuakwa Constitution 156-162 (1828); see also, the following works of W.C. Ekow Daniels: "The Legal Position of Women Under our Marriage Laws," 9 University of Ghana Law Journal 39-63 (1972) at 50-60; "Dissolution of Customary Law Marriage by the Courts," 9 Review of Ghana Law 71-76 (1977). 2/ 9 Acts of Ghana (1971). 3/ W.C. Ekow Daniels, "Marital Family Law and Social Policy," in Essays in Ghanaian Law: Supreme Court Centenary Publication, 1876-1976, 113-117 (1976). 4/ [1975] 1. G.L. R. 366; see also, Penin v. Duncan (1869), Sarbah Fanti Customary Laws 118-121 (1968)A SYNOPTIC TREATMENT OF CUSTOMARY DIVORCE AMONG THE AKANS (ASHANTI) OF GHANA Divorce under Akan (Ashanti) customary law may be judicial or extra-judicial. 1/ A judicial divorce is obtainable by applying to a District Court with jurisdiction to adjudicate divorce proceedings in accordance with the provisions of the Courts Act, 1971, No. 367 of 1971, as amended. 2/ An extrajudicial divorce may be initiated by either party to the marriage. Such a divorce is granted by tribal elders, assisted by the families of the parties to the marriage, after efforts to reconcile the parties have failed. 3/ According to the case of Attah v. Annan, 4/ an extrajudicial divorce will be considered terminated only after the performance of certain ceremonies prescribed by Akan customary law and carried out in the presence of the parties to the marriage. Since the issues raised in this case deal with questions of fact and points of law, the validity and existence of a customary divorce are matters which should be determined by the courts of law in Ghana. Such courts could declare the validity of a customary divorce and the method of proving such a divorce. Prepared by Charles Mwalimu Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress February, 1983 1/ J.B. Danquah, Gold Coast: Akan Laws and Customs and the Akim Abuakwa Constitution 156-162 (1828); see also, the following works of W.C. Ekow Daniels: "The Legal Position of Women Under our Marriage Laws," 9 University of Ghana Law Journal 39-63 (1972) at 50-60; "Dissolution of Customary Law Marriage by the Courts," 9 Review of Ghana Law 71-76 (1977). 2/ 9 Acts of Ghana (1971). 3/ W.C. Ekow Daniels, "Marital Family Law and Social Policy," in Essays in Ghanaian Law: Supreme Court Centenary Publication, 1876-1976, 113-117 (1976). 4/ [1975] 1. G.L. R. 366; see also, Penin v. Duncan (1869), Sarbah Fanti Customary Laws 118-121 (1968)A SYNOPTIC TREATMENT OF CUSTOMARY DIVORCE AMONG THE AKANS (ASHANTI) OF GHANA Divorce under Akan (Ashanti) customary law may be judicial or extra-judicial. 1/ A judicial divorce is obtainable by applying to a District Court with jurisdiction to adjudicate divorce proceedings in accordance with the provisions of the Courts Act, 1971, No. 367 of 1971, as amended. 2/ An extrajudicial divorce may be initiated by either party to the marriage. Such a divorce is granted by tribal elders, assisted by the families of the parties to the marriage, after efforts to reconcile the parties have failed. 3/ According to the case of Attah v. Annan, 4/ an extrajudicial divorce will be considered terminated only after the performance of certain ceremonies prescribed by Akan customary law and carried out in the presence of the parties to the marriage. Since the issues raised in this case deal with questions of fact and points of law, the validity and existence of a customary divorce are matters which should be determined by the courts of law in Ghana. Such courts could declare the validity of a customary divorce and the method of proving such a divorce. Prepared by Charles Mwalimu Legal Specialist Near Eastern and African Law Division Law Library, Library of Congress February, 1983 1/ J.B. Danquah, Gold Coast: Akan Laws and Customs and the Akim Abuakwa Constitution 156-162 (1828); see also, the following works of W.C. Ekow Daniels: "The Legal Position of Women Under our Marriage Laws," 9 University of Ghana Law Journal 39-63 (1972) at 50-60; "Dissolution of Customary Law Marriage by the Courts," 9 Review of Ghana Law 71-76 (1977). 2/ 9 Acts of Ghana (1971). 3/ W.C. Ekow Daniels, "Marital Family Law and Social Policy," in Essays in Ghanaian Law: Supreme Court Centenary Publication, 1876-1976, 113-117 (1976). 4/ [1975] 1. G.L. R. 366; see also, Penin v. Duncan (1869), Sarbah Fanti Customary Laws 118-121 (1968)Ghana - 2 BIBLIOGRAPHY 1. Courts Act, Act 372, 9 Acts of Ghana 1-72, sections 49-50 & 70-73 (1971) (3 double-page exposures). LAW Gha 1, 1969-1971 2. ----- Attah v Annan [1975]. 1 G.L.R. 366-373. Accra, Council for Law Reporting (5 double-page exposures). LAW Gha 5 3. ----- Penin v Duncan [1869]. Sarbah Fanti customary laws 118-121. Lindon, Frank Cass, 1968 (2 double-page exposures). LAW Gha 7 Sarb, 1968 4. Danquah, J.H. Gold Coast: Akan laws and customs and the Akim Abuakwa constitution. London, Routledge, 1928. p. 156-161 (3 double-page exposures). LAW Gha 7 Danq 5. Ekow Daniels, W.C. Marital family law and social police. In Essays in Ghanaian law: Supreme Court centenary publication, 1876-1976. Accra, Faculty of Law, 1976. p. 113-117 (3 double-page exposures). LAW Gha, Essa 6. ----- The legal position of women under our marriage laws. 9 UGLJ 39-63 (1972). 50-60 (6 double-page exposures). LAW Per 7. ----- Dissolution of customary law marriage by the courts. 9 Review of Ghana law 71-76 (1977) (4 double-page exposures). LAW Per CM: ehc 84-517 2/1/84Ghana - 2 BIBLIOGRAPHY 1. Courts Act, Act 372, 9 Acts of Ghana 1-72, sections 49-50 & 70-73 (1971) (3 double-page exposures). LAW Gha 1, 1969-1971 2. ----- Attah v Annan [1975]. 1 G.L.R. 366-373. Accra, Council for Law Reporting (5 double-page exposures). LAW Gha 5 3. ----- Penin v Duncan [1869]. Sarbah Fanti customary laws 118-121. Lindon, Frank Cass, 1968 (2 double-page exposures). LAW Gha 7 Sarb, 1968 4. Danquah, J.H. Gold Coast: Akan laws and customs and the Akim Abuakwa constitution. London, Routledge, 1928. p. 156-161 (3 double-page exposures). LAW Gha 7 Danq 5. Ekow Daniels, W.C. Marital family law and social police. In Essays in Ghanaian law: Supreme Court centenary publication, 1876-1976. Accra, Faculty of Law, 1976. p. 113-117 (3 double-page exposures). LAW Gha, Essa 6. ----- The legal position of women under our marriage laws. 9 UGLJ 39-63 (1972). 50-60 (6 double-page exposures). LAW Per 7. ----- Dissolution of customary law marriage by the courts. 9 Review of Ghana law 71-76 (1977) (4 double-page exposures). LAW Per CM: ehc 84-517 2/1/84Ghana - 2 BIBLIOGRAPHY 1. Courts Act, Act 372, 9 Acts of Ghana 1-72, sections 49-50 & 70-73 (1971) (3 double-page exposures). LAW Gha 1, 1969-1971 2. ----- Attah v Annan [1975]. 1 G.L.R. 366-373. Accra, Council for Law Reporting (5 double-page exposures). LAW Gha 5 3. ----- Penin v Duncan [1869]. Sarbah Fanti customary laws 118-121. Lindon, Frank Cass, 1968 (2 double-page exposures). LAW Gha 7 Sarb, 1968 4. Danquah, J.H. Gold Coast: Akan laws and customs and the Akim Abuakwa constitution. London, Routledge, 1928. p. 156-161 (3 double-page exposures). LAW Gha 7 Danq 5. Ekow Daniels, W.C. Marital family law and social police. In Essays in Ghanaian law: Supreme Court centenary publication, 1876-1976. Accra, Faculty of Law, 1976. p. 113-117 (3 double-page exposures). LAW Gha, Essa 6. ----- The legal position of women under our marriage laws. 9 UGLJ 39-63 (1972). 50-60 (6 double-page exposures). LAW Per 7. ----- Dissolution of customary law marriage by the courts. 9 Review of Ghana law 71-76 (1977) (4 double-page exposures). LAW Per CM: ehc 84-517 2/1/84Ghana - 2 BIBLIOGRAPHY 1. Courts Act, Act 372, 9 Acts of Ghana 1-72, sections 49-50 & 70-73 (1971) (3 double-page exposures). LAW Gha 1, 1969-1971 2. ----- Attah v Annan [1975]. 1 G.L.R. 366-373. Accra, Council for Law Reporting (5 double-page exposures). LAW Gha 5 3. ----- Penin v Duncan [1869]. Sarbah Fanti customary laws 118-121. Lindon, Frank Cass, 1968 (2 double-page exposures). LAW Gha 7 Sarb, 1968 4. Danquah, J.H. Gold Coast: Akan laws and customs and the Akim Abuakwa constitution. London, Routledge, 1928. p. 156-161 (3 double-page exposures). LAW Gha 7 Danq 5. Ekow Daniels, W.C. Marital family law and social police. In Essays in Ghanaian law: Supreme Court centenary publication, 1876-1976. Accra, Faculty of Law, 1976. p. 113-117 (3 double-page exposures). LAW Gha, Essa 6. ----- The legal position of women under our marriage laws. 9 UGLJ 39-63 (1972). 50-60 (6 double-page exposures). LAW Per 7. ----- Dissolution of customary law marriage by the courts. 9 Review of Ghana law 71-76 (1977) (4 double-page exposures). LAW Per CM: ehc 84-517 2/1/84Ghana - 2 BIBLIOGRAPHY 1. Courts Act, Act 372, 9 Acts of Ghana 1-72, sections 49-50 & 70-73 (1971) (3 double-page exposures). LAW Gha 1, 1969-1971 2. ----- Attah v Annan [1975]. 1 G.L.R. 366-373. Accra, Council for Law Reporting (5 double-page exposures). LAW Gha 5 3. ----- Penin v Duncan [1869]. Sarbah Fanti customary laws 118-121. Lindon, Frank Cass, 1968 (2 double-page exposures). LAW Gha 7 Sarb, 1968 4. Danquah, J.H. Gold Coast: Akan laws and customs and the Akim Abuakwa constitution. London, Routledge, 1928. p. 156-161 (3 double-page exposures). LAW Gha 7 Danq 5. Ekow Daniels, W.C. Marital family law and social police. In Essays in Ghanaian law: Supreme Court centenary publication, 1876-1976. Accra, Faculty of Law, 1976. p. 113-117 (3 double-page exposures). LAW Gha, Essa 6. ----- The legal position of women under our marriage laws. 9 UGLJ 39-63 (1972). 50-60 (6 double-page exposures). LAW Per 7. ----- Dissolution of customary law marriage by the courts. 9 Review of Ghana law 71-76 (1977) (4 double-page exposures). LAW Per CM: ehc 84-517 2/1/84